Easement of Necessity is a type of easement recognized under Section 13 of the Indian Easements Act, 1882. It arises when a person has no other way to access or use his property except through another’s land.

Key Points of Easement of Necessity:

1. Definition:An easement of necessity is a legal right granted because it is absolutely necessary for the enjoyment of one’s own property.

2. Legal Basis:Section 13 of the Easements Act, 1882:

   “Where one person transfers or bequeaths immovable property to another, and the property is so situated that it cannot be used without passing through the land of the transferor or the land retained by him, an easement of necessity is implied.”

3. Conditions:

   • There must be a severance of ownership (i.e., the property was once a whole and then divided).